Italy: Hungary is unsafe country for transferring asylum seekers under Dublin Regulation

On 15 May 2017, the Italian Council of State annulled the transfer to Hungary of an asylum seeker under the Dublin Regulation, confirming its previous position expressed in September 2016. The judgment reaffirmed the deteriorated situation of asylum seekers in Hungary and the lack of minimum standards of reception and procedural conditions, contrary to international and EU law.

The Council of State also reiterated the need to use multiple sources when examining the human rights situation in the context of Dublin transfers, by looking at both the legal framework and the factual situation in Hungary. Therefore, the Council of State held that a Dublin transfer to Hungary would expose the applicant to inhumane and degrading treatment.

In March 2017, ECRE called all European countries to halt transfers to Hungary in light of the deficiencies in the Hungarian asylum system, as emphasised in ECRE’s Legal Note. In April 2017, UNHCR also called for a temporary suspension of all transfers of asylum seekers to Hungary under the Dublin Regulation.